Court File and Parties

COURT FILE NO.: CV-18-602890 DATE: 2018-10-10

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Joshua Weingarten, Plaintiff AND: Dr. Cedric Sebastian Gabilondo, and Michael Garron Hospital, Defendants

BEFORE: D.A. Wilson J.

COUNSEL: Joshua Weingarten, Plaintiff, in-person John J. Morris, for the Defendants

READ: August 29, 2018

Endorsement

[1] This claim sent to me pursuant to Rule 2.1.01(7) after counsel for the Defendant Hospital wrote to the Registrar pursuant to Rule 2.1.01(6) of the Rules of Civil Procedure requesting the action be dismissed as it is frivolous or vexatious or an abuse of process.

[2] The hand-written Statement of Claim asserts that the named doctors and the hospital "mistreated" the Plaintiff with medication and were physically and verbally abusive. Damages of one million dollars are claimed. The Plaintiff then provides in the Claim, his "side of the story" in which he describes pushing his car along the highway.

[3] The Statement of Claim does not comply with the Rules concerning pleadings. It does not set out facts that give rise to a cause of action at law. Apart from the bald statement that he was subject to abuse, no particulars are set out. Even if Mr. Weingarten disagrees with the contents of his hospital chart, that does not form the basis of a claim in law against the Defendants. It is difficult, perhaps impossible, to discern from a reading of the Claim what cause of action the Plaintiff is asserting against these defendants. It is not clear if the Plaintiff is suing in negligence or if his claim is based on something else.

[4] I am of the view the pleading is therefore frivolous, vexatious and an abuse of process. I make the following order:

a. The Registrar is directed to give notice to the Plaintiff in Form 2.1A that the court is considering making an order under Rule 2.1.01 dismissing this action;

b. This action is stayed pursuant to section 106 of the Courts of Justice Act, R.S.O. 1990, c.C.43, pending further order of this court;

c. The Registrar shall accept no further filings in this action other than the requested written submissions from the Plaintiff if they are delivered in accordance with Rule 2.1.01(3);

d. The Registrar is directed to serve a copy of my endorsement and a Form 2.1A notice on the Plaintiff and on the solicitor for the Defendant hospital by email, if email addresses are available, in addition to the usual service by mail pursuant to Rule 2.1.01(3).

D. A. Wilson

Date: October 10, 2018